Digital Commons Network^™

How States Can Protect Their Policies In Federal Class Actions, Lucas Watkins

Campbell Law Review

The role of the states in our constitutional system is to protect their citizens and supply tort liability. Where federal law does not preempt state systems of liability, state law supplies the tort- and contract-based rules that govern the vast majority of the relationships in our society and economy. Some think that national rules of liability, or new national choice-of-law rules, should supplant today's state-by-state regulation. But until Congress enacts a comprehensive regulatory scheme, state law will control the causes of action that plaintiffs can bring. And the state law that controls the cause should control the way that the …

Law School Histories: A Panel Discussion

Campbell Law Review

At the Sixty-First Annual Meeting of the Southeastern Association of Law Schools held in Palm Beach, Florida in July 2008, a panel was convened to discuss the researching, writing, and publishing of law school histories. What follows is an edited transcript of the program.

A Fighting Chance For Outlaws: Strict Scrutiny Of North Carolinas Felony Firearms Act, Matthew Jordan Cochran

Campbell Law Review

This Comment ... assume(s) that all persons have an individual, fundamental right to self-defense protected by the Constitution's Due Process Clause. In its current form, North Carolina's Felony Firearms Act infringes on that right by denying an impermissibly broad classification of individuals the ability to acquire, own, control, or otherwise possess a firearm - even in their own home, faced with a life-threatening situation. Even when the person whose rights have been deprived has shown a flawless respect for the law for the past forty years. Even when that person's original "felony" was nothing more than an innocuous violation of …

Reasonableness In E-Discovery, Debra Lyn Bassett

Campbell Law Review

Issues of reasonableness arise regularly throughout American law. Reasonableness is a concept central to tort law, which imposes a reasonable person standard in ascertaining duty. Criminal guilt turns on a reasonable doubt standard. And in civil discovery, the concept of reasonableness features prominently: discovery's scope reaches information that is reasonably calculated to lead to the discovery of admissible evidence, and discovery cannot be unreasonably cumulative or duplicative. Reasonableness standards require judges to undertake an objective, rather than subjective, evaluation. E-discovery specifically has two significant overarching reasonableness components: reasonable accessibility for production and reasonable care in preservation and disclosure. The interpretation …

What Went Wrong? Torture And The Office Of Legal Counsel In The Bush Administration, Robert F. Turner

Campbell Law Review

Were mistakes made in the preparation of the controversial OLC memoranda? There is no question about it; they were very serious mistakes, and they have harmed this country. But I think part of the explanation is that the authors of the "torture" memoranda lacked sufficient expertise in national security law, and honestly believed that a conflict involving more than seventy-five sovereign nations was "international" in scope. They reasonably read the language in Common Article 3 limiting its application to conflicts "occurring in the territory of one of the High Contracting Parties" as excluding its applicability to a struggle taking place …

Another "Straightforward Application": The Impact Of Melendez-Diaz On Forensic Testing And Expert Testimony In Controlled Substance Cases, John Wait

Campbell Law Review

Part I of this Article will analyze Melendez-Diaz with a focus on extracting indicators within the opinion that lend guidance as to how the opinion could be extended to Bullcoming and to expert testimony based on forensic reports in controlled substance cases. Part II will provide an overview of the tests utilized by the SBI to determine the nature and quantity, if any, of suspected controlled substances with the goal of ascertaining who, under Melendez-Diaz, should be subject to confrontation. Part III will provide a prediction of the outcome in Bullcoming. Finally, Part IV will review the pending cases from …

Textualist Canons: Cabining Rules Or Predilective Tools, Stephen M. Durden

Campbell Law Review

This Article uses canons of construction to demonstrate that textualism, particularly plain language or plain meaning textualism, cannot be applied without the use of non-textual personal choices. But, this Article does not seek to demonstrate that interpreting the Constitution requires ignoring the text of the Constitution; nor does this Article seek to demonstrate that textualist approaches lack relevance or value. Rather, this Article seeks to demonstrate that textualism cannot create rules that avoid personal predilections and does not create neutral principles or eliminate predilective interpretation. In order to accomplish this goal, this Article reviews a variety of canons of construction …

Constitutional Protection For Non-Media Defendants: Should There Be A Distinction Between You And Larry King?, Rebecca Phillips

Campbell Law Review

This Comment considers the current law, contemplates the rapid growth of technology and proposes an answer to the following two questions: Should there be a distinction between media and nonmedia defendants? If so, who should be offered more protection: You or Larry King? To answer these questions, Part I summarizes traditional and current defamation law and the First Amendment protections that have been meted out by the courts. Part II discusses the court decisions that have noted whether a distinction between media and nonmedia defendants is meritorious and critiques those conclusions in light of the development of defamation law. Part …

What Exactly Is A "Substantial Constitutional Question" For Purposes Of Appeal To The North Carolina Supreme Court?, Justice Robert Orr

Campbell Law Review

This Article will examine the history of the statutory right of appeal based upon a substantial constitutional question; highlight the interpretation and application of this provision, particularly over the past five years; provide a look at a few of the cases in which the North Carolina Supreme Court has accepted the notice of appeal ("NOA") based upon a substantial constitutional question or instead has dismissed and not retained; and propose an appropriate test for applying this provision and potential statutory amendments that will better define and more uniformly address the question of what constitutes a substantial constitutional question.

The People Versus Corporate Welfare: North Carolina's Forsaken Opportunity To Reverse Perversion Of The Commerce Clause And To Reinvigorate The Public Purpose Doctrine, Jeanette K. Doran

Campbell Law Review

This Article neither espouses judicial intervention in any political controversy nor offers "broad" and "sweeping" constitutional theories. Instead, this Article is calculated to recognize the efforts of taxpayers who have resorted to the very constitutional rights afforded to them as citizens and taxpayers to challenge governmental acts which are repugnant to the very foundations of our society and to encourage the judiciary to fulfill its duty to reject legislation which is contrary to the state or federal constitution. As the North Carolina Supreme Court stated in the Great Atlantic & Pacific Tea Co. v. Maxwell case: "The principle of equal …

Winning Consumer Trust And Loyalty In Distrust-Dominated Environments: A Consumer Perspective, Rachel Y. Talton

Student Scholarship

Driven in part by recent corporate failures, consumers are increasingly distrustful of motivations and behaviors of corporate leaders, firms, and entire sectors of the economy. How do firms win consumer loyalty in distrust-dominated environments? We use two competing theoretical lenses to investigate the most salient strategic path to firm loyalty in trust- and distrust-dominated environments, from the consumer perspective. We find that consumer distrust in a firm is a grave threat to loyalty across industries. Additionally, we show that distrust-dominated environments present unique opportunity for some firms with high consumer trust to gain loyalty, while trust-dominated environments present fewer opportunities.

C.S.I. Bulls#!T: The National Academy Of Sciences, Melendedez-Diaz V. Massachusetts, And Future Challenges To Forensic Science And Forensic Evidence,, Joelle A. Moreno

Faculty Publications

No abstract provided.

Unf Journal Winter 2010, University Of North Florida

UNF Journal

A university periodical for alumni and friends of the University of North Florida.

The 'Where' And 'How' Of Exploration And Exploitation: Balancing Leadership Styles To Drive Innovation And Performance, Ann Kowal Smith

Student Scholarship

Using a global sample of public companies, we explored the relationships among transformational and transactional leadership, exploration and exploitation and performance. First, balanced leadership styles drive more innovative learning outcomes than either single style. Second, elements of an expanded framework of innovative learning, including “where” ideas are sourced and “how” they are shared, fully mediate the relationship between leadership and performance. Specifically, “how” drives earnings growth and “where” drives revenue growth. We propose a nuanced ambidexterity, whereby leaders balance not only exploration and exploitation, but also idea sourcing and idea sharing to unleash their organization’s collective wisdom and drive performance.

Missouri County Profiles: Adult Tobacco Use And Smoke-Free Policies, Center For Public Health Systems Science

Center for Public Health Systems Science

This report book provides county-specific tobacco data to use in policy advocacy efforts. Data included are from the largest special survey ever conducted in Missouri. This data set is envisioned to be a catalyst for change in Missouri, identifying and describing the health of communities to better inform health professionals and policy makers.

Private Schools: Baseline Policy Assessment, Center For Public Health Systems Science, Sarah Moreland-Russell, Bobbi Carothers, Laura Brossart

Center for Public Health Systems Science

This report presents the findings from a baseline assessment of tobacco policies in private schools in St. Louis County Districts 1 through 4. These findings were provided to the St. Louis County Department of Health and other CPPW stakeholders, including the Leadership Team and initiative grantees, to help inform intervention efforts for strengthening school tobacco policies.

Missouri County Profiles: Characteristics Of Missouri Tobacco Users, Center For Public Health Systems Science, Sarah Shelton, Amy Sorg, Stephanie Herbers

Center for Public Health Systems Science

This report is the first in a series of Missouri County Profiles. These reports were disseminated to tobacco control stakeholders throughout Missouri to support programmatic efforts and inform strategic planning of tobacco control activities. This report presents results from the first analysis, which sought to highlight characteristics of Missouri tobacco users and gather knowledge about tobacco use among Missourians.

A Needs Assessment For Continuing Education Of Federal Wildlife Damage Management Professionals, Jessica L. Tegt, Phillip D. Jones, Ben C. West

Human–Wildlife Interactions

The complexity of wildlife damage management requires professionals to continually acquire new knowledge and skills that can be obtained through continuing education. Current literature suggests that wildlife damage management personnel are not receiving adequate training either as new professionals entering the fi eld or through continuing training as existing professionals. To better understand the continuing education needs of wildlife damage managers, we conducted a nationwide, on-line needs assessment survey for supervisory personnel of the U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services program (hereafter, WS). The goal of our survey was to identify gaps in continuing …

Condensed Consolidated And Bank Financial Statements For The Year Ended 31 December 2009 (Unaudited, Latvian Land And Mortgage Bank

Documents

No abstract provided.

Western Pond Turtle Summer Habitat Use In A Coastal Watershed, Jae Abel

Master's Theses

Western pond turtle (Actinemys marmorata) habitat use was studied in a coastal pond, lagoon, and stream system during the summer of 1995 and 1996 at Waddell Creek, Santa Cruz County, California. Location and habitat association data were recorded for locations and sightings of radio-tagged and un-tagged turtles during the normal active season. Summary comparison of habitat associations and habitat availability provided inference of habitat preference at several habitat scales. For most of the active season the turtles were in relatively sunny aquatic habitat, in deeper, slower velocity water. In addition, the turtles were most commonly associated with exposed …

Assessment Of First Aid Knowledge And Decision Making Of Coaches Of Youth Soccer, Lynn Castro

Master's Theses

The purpose of this study was to assess the first aid knowledge of coaches of youth soccer and to assess the decision making ability of those coaches in hypothetical athletic situations. The study investigated coaches with passing scores on the First Aid Assessment test (FAA) and first aid and CPR certification; years of coaching experience and scores on the FAA; the difference between years of coaching experience and return to play; the relationship between first aid and CPR certification and education level and the scores on the FAA and education level. Coaches completed a FAA test, Game Situation Data Sheet …

Social Support As Moderator Of Job-Specific Or Generic Stressors With Strains, Kaci Deeana Mabe

Master's Theses

Two studies examining the relationship between job-specific stressors and strains versus the relationship between generic stressors with strain, as well as the moderating role of social support (from coworkers and administrators), are presented. Eighteen primary school teachers from a private Jewish day school (Study 1) and 242 teachers from an Arizona school district (Study 2) completed self-administered surveys. Results indicated that job-specific (vs. generic) stressors had a stronger positive relationship with strains, but social support was a better moderator for the relationship between generic stressors and strain. As hypothesized, administrator support had a reverse-buffering effect on the stressor-strain relationship in …

Flow Cytometry Of Alexandrium Catenella From Elkhorn Slough, California., Phillip Roland Hawkins

Master's Theses

This study describes the use of flow cytometry for the enumeration of the toxic marine dinoflagellate Alexandrium catenella in both estuarine samples from Elkhorn Slough, California and from sea water samples from inner Monterey Bay. Samples were subjected to a density-barrier sample enrichment technique employing percoll to separate debris from phytoplankton prior to sample fixation, labeling and analysis. Clarified, enriched preparations of phytoplankton were subjected to whole cell Fluorescent In Situ Hybridization (FISH) using a ribosomal DNA (rDNA) probe specific for the North American ribotype (NA1) of the dinoflagellate genus Alexandrium and analysis by flow cytometry. Flow cytometry was validated …

Who Am I?: The Reflexivity Of Self-Identity Through Tourism, Matthew Lee Milde

Master's Theses

This study has set forth to close gaps, explore innovative methods, and create a better understanding of "Who am I?", in tourism research. Few studies in tourism research focus on how experiences gained from traveling shape self-identity through personal biographies. Building on the work of seminal authors on self-identity, personal narrative, and tourism, this study explores the reflexivity of self-identity as represented in travel narratives. The lived experiences offered through narrative condition spontaneous instances of self-discovery allowing for the (re)creation of new self-identities.

Participants were selected through a snowball sample; in-depth interviews were held with fifteen (15) adults born and …

Where's My Daddy? Effects Of Fatherlessness On Women's Relational Communication, Latoya Marie Jackson

Master's Theses

The purpose of this thesis research was to understand the relationship between father absence and women's communication styles in romantic heterosexual relationships under social cognitive theory. Two studies were conducted using a multi-method research approach in order to triangulate the results. Seven fatherless women were interviewed to arrive at a better understanding of how father absence informed their romantic relational experiences. Specifically, the topics of relationship roles, self-disclosure, expression, and self-silencing in romantic relationships were examined in the interviews. Participants reflected on what growing up fatherless meant to them and whether or not this had any influence on the role …

Predicting Work And Organizational Engagement With Work And Personal Factors, Andrea Kittredge

Master's Theses

The current study examined how psychological hardiness and self efficacy would be related to both work engagement and organizational engagement after controlling for job characteristics, perceived organizational support, and procedural justice as work characteristics. Findings showed that psychological hardiness, specifically commitment, added significant predictive value to both work and organizational engagement after controlling for the work characteristics. However, commitment accounted for more variance in work engagement than variance in organizational engagement. Although it was correlated with overall hardiness, self efficacy was not found to be directly related to either engagement variable, nor did it add predictive value to either of …

Difference And Accommodation In Visigothic Gaul And Spain, Craig H. Schamp

Master's Theses

This thesis examines primary sources in fifth- and sixth-century Gaul and Spain and finds a surprising lack of concern for ethnicity. Authors in the fifth century expressed concern for the sanctity and safety of the church, their patria, and themselves, but seldom mention any issues that could be related to ethnicity. Even the Arian Christianity of the Goths seems to be of little or no concern. This changes in the middle of the sixth century, when Arian Christianity becomes an overarching issue in Visigothic history. The sources portray nearly every political concern in the second half of the sixth century …

The Vaccinia Virus Complement Control Protein Modulates Adaptive Immune Responses During Infection, N. M. Girgis, Brian Dehaven

Biology Faculty Scholarship

Complement activation is an important component of the innate immune response against viral infection and also shapes adaptive immune responses. Despite compelling evidence that complement activation enhances T cell and antibody (Ab) responses during viral infection, it is unknown whether inhibition of complement by pathogens alters these responses. Vaccinia virus (VACV) modulates complement activation by encoding a complement regulatory protein called the vaccinia virus complement control protein (VCP). Although VCP has been described as a virulence factor, the mechanisms by which VCP enhances VACV pathogenesis have not been fully defined. Since complement is necessary for optimal adaptive immune responses to …

Summers With My Bapuji: Opening Up A World Of What-Ifs, Amit Patel

Neureuther Book Collection Essay Competition

Graduate Winner: 2nd Place, 2010. 23rd Annual Carl Neureuther Student Book Collection Competition

Vigorous Currents, Painful Archives: The Production Of Affect And History In Poe's "Tale Of The Ragged Mountains", Christina Zwarg

English Faculty Scholarship

First delivered as a paper at the Poe conference in Philadelphia in 2009, this extended version reveals how Poe's mesmeric tale can help us rethink trauma theory before Freud. Poe's strategic use of archival materials concerning an 18th-century insurrection in India provides compelling insight into the transmission of affect in the construction of global histories. --author-supplied description